Your Rights to Workers’ Compensation in Pennsylvania: A Guide by Krasno Krasno & Onwudinjo
If you’re a Pennsylvania worker facing an injury or illness from the job, you deserve compassionate, skilled support in navigating the workers’ compensation system. The workers’ compensation laws in Pennsylvania are there to protect you, but the process can be complex. Knowing your rights and having an experienced team by your side can make all the difference in securing the benefits you’re entitled to.
At Krasno Krasno & Onwudinjo, we have over 85 years of experience fighting for injured Pennsylvania workers. We understand the stress that a workplace injury can cause, from dealing with medical bills to handling lost income, and our team is committed to making sure you get the support you need to recover fully.
Why Choose Krasno Krasno & Onwudinjo?
Workers’ compensation can be overwhelming, with strict rules, deadlines, and forms that can quickly become confusing. Here’s why partnering with Krasno Krasno & Onwudinjo is your best decision:
- Proven Expertise: We’ve represented thousands of injured workers across Pennsylvania, securing the benefits they deserve. With a deep understanding of the state’s workers’ compensation laws, we handle the complexities so you can focus on recovery.
- Personalized, Compassionate Support: We’re not just attorneys; we’re advocates for your well-being. Our team treats every client as an individual, listening to your unique needs and guiding you step-by-step through the process.
- Results-Oriented Approach: We’re here to win for you. Our goal is to maximize your compensation and secure every benefit you’re entitled to, including medical care, wage loss, and specific loss benefits.
What Is Pennsylvania Workers’ Compensation?
Pennsylvania’s workers’ compensation system operates on a “no-fault” basis, allowing injured workers to receive benefits without proving fault. This makes it easier to access financial support and medical care, but it’s not always a smooth process. Insurance companies often look for ways to minimize payouts, which can lead to delays, denials, or partial awards. Having a dedicated attorney can ensure your claim is handled correctly and that you aren’t shortchanged on your benefits.
Our attorneys at Krasno Krasno & Onwudinjo have seen it all—from complex claims to wrongful denials—and we know how to handle any challenges that arise.
Key Takeaways
- No-fault basis: Workers’ compensation in Pennsylvania provides benefits regardless of fault, helping you avoid lengthy legal battles.
- Benefits eligibility: You have the right to medical care and wage loss benefits if you’re injured at work.
- Time limits: Filing your claim promptly is essential, as strict deadlines apply.
- Choice of healthcare provider: You can select your own healthcare provider for treating your work-related injury after the initial 90 days.
- Legal support: Navigating the system can be challenging, and an experienced workers’ compensation attorney can guide you through the process.
Pennsylvania Workers’ Compensation Rights: An Overview
Knowing your rights to PA workers’ comp benefits is key. This section covers the different benefits, who can get them, and the importance of filing on time.
Types of Workers’ Compensation Benefits
Pennsylvania’s workers’ comp system offers several benefits. These include medical care, wage loss compensation, and specific loss benefits. Medical care helps injured workers get the treatment they need. Wage loss benefits support them financially while they recover. Specific loss benefits are for permanent damage to a body part or function.
Who Is Eligible for Coverage?
To get PA workers’ comp benefits, you must meet certain criteria. This includes the type of job, the injury’s severity, and the incident’s details. Most full-time and part-time employees are covered, but some workers are not.
Time Limits for Filing Claims
There are strict deadlines for filing workers’ compensation claims in Pennsylvania. Meeting these deadlines is crucial for a valid claim and timely benefits. Knowing the eligibility criteria and deadlines helps you through the process.
Understanding your rights and the Pennsylvania workers’ compensation system is important. It helps you navigate the process and get the benefits you deserve. Whether it’s medical care, wage loss, or specific loss benefits, knowing your rights is the first step.
Reporting Workplace Injuries and Initial Steps
If you got hurt at work in Pennsylvania, it’s key to report it right away. Telling your boss quickly helps protect your rights and makes the workers’ compensation claim smoother.
The workplace accident protocol in Pennsylvania says you must tell your employer about any work injury or illness fast. You should do this within 21 days of the accident. This employer notification helps your employer start the paperwork and investigation. It also makes it easier for you to get the benefits you’re owed under the state’s workers’ compensation laws.
To report your injury, follow these steps:
- Tell your supervisor or the right person in your company right away. Give them all the details about what happened and your injuries.
- Make sure your employer fills out the needed forms, like the First Report of Injury. This is how they officially record the injury reporting procedure.
- Get a copy of the filled-out forms for yourself. This paperwork is important if there are any problems or delays with your claim.
- See a doctor as soon as you can, even if your injury doesn’t seem bad. This will help prove your condition and treatment, which is crucial for your workers’ compensation claim.
By taking these steps, you can safeguard your rights. You’ll also make sure your workplace accident protocol is documented correctly. This sets the foundation for a successful workers’ compensation claim.
A visual scene depicting a workplace injury reporting procedure, featuring a diverse group of employees in an office setting, one individual experiencing a minor injury while others gather around, focused on assisting. Include a visible first aid kit and an emergency contact notice on the wall, with a clipboard and pen on a desk nearby. The environment should convey a sense of urgency but also cooperation and support, with clear pathways for reporting the incident, emphasizing communication and teamwork.
Medical Treatment Rights and Healthcare Provider Selection
If you’re a Pennsylvania worker’s compensation claimant, you have the right to get the medical care you need. You can pick your own doctor and even get a second opinion if you’re not happy with the first one.
Choosing Your Healthcare Provider
In the first 90 days after your injury, your employer or their insurance picks your doctor. They might give you a list of doctors to choose from. But after 90 days, you can choose any doctor you want, as long as they’re licensed and qualified.
Medical Treatment Authorization Process
To get your medical treatment covered, you need to get approval from your employer or their insurance. You’ll need to ask for the treatment you need, and they’ll decide if it’s okay. It’s important to follow the right steps to avoid any problems with your care.
Second Opinion Rights
- If you’re not happy with your first doctor or treatment plan, you can get a second opinion.
- This second opinion must come from a doctor who isn’t connected to your employer or their insurance.
- The cost of this second opinion will be covered by your workers’ compensation, as long as the doctor is licensed and the treatment is needed.
Dealing with the medical side of a workers’ compensation claim can be tricky. But knowing your rights and the process can help make sure you get the care you need to heal from your injury or illness.
A detailed illustration of various medical treatment options for workers’ compensation, featuring a selection of healthcare symbols such as a stethoscope, medical charts, prescription bottles, and therapy equipment. The scene includes a calm clinical environment with soft lighting, showcasing healthcare professionals tending to patients, patient consultation areas, and diverse treatment modalities like physical therapy, acupuncture, and occupational therapy.
Wage Loss Benefits and Compensation Calculations
In Pennsylvania, knowing about workers’ compensation is key. It helps employees who got hurt on the job. It gives them money to get better and go back to work.
The money an employee gets is based on their weekly pay before getting hurt. They take their total earnings from the last 52 weeks and divide by 52. Then, they get two-thirds of that amount each week.
There are two kinds of benefits: total disability and partial disability. Total disability is for those who can’t work at all. Partial disability is for those who can work but not as much.
How long these benefits last depends on the injury and how well the employee gets better. Total disability can last up to 500 weeks. Partial disability also lasts up to 500 weeks, but it depends on how much the injury affects their pay.
It’s important for employees to understand wage loss compensation, benefit calculations, and partial disability payments. Knowing this helps them get the right amount of money. It also helps them make smart choices about getting better and going back to work.
Common Challenges and Claim Denials
Dealing with the workers’ compensation system can be tough. You might face workers’ comp claim denials or complex appeal steps. Knowing why claims get rejected and the time limits for action is key to protecting your rights.
Reasons for Claim Rejection
Insurance companies deny claims for many reasons. This includes not enough medical proof, disagreements over injury causes, or pre-existing conditions. Employers might also say the injury didn’t happen at work.
Appeal Process Overview
- If your workers’ comp claim is denied, you can appeal.
- The appeal procedures start with a formal request for a hearing at the state workers’ compensation agency.
- You might need to give more medical records and testify to support your claim during the appeal.
Statute of Limitations
Remember, there are strict legal time limits for filing a workers’ compensation claim and appealing. In Pennsylvania, you have two years from the injury date or the last benefit payment. Missing this deadline can bar your claim forever.
Understanding the workers’ compensation system is hard. But knowing your rights and the appeal procedures can help you fight workers’ comp claim denials. This way, you can get the benefits you deserve.
Conclusion
Knowing your workers’ rights in Pennsylvania is key to getting through the workers’ compensation system. Learn about the benefits, who can get them, and when to file. This way, you make sure you get all the support and money you’re owed.
If you got hurt at work, getting help from workers’ compensation lawyers is a must. They can help you report the injury, choose doctors, and fight for your rights. This ensures your claim is handled right.
To win your claim, follow the right steps, meet deadlines, and talk openly with your employer and the compensation board. With the right legal help and knowing your rights, you can get the benefits you deserve in Pennsylvania.
Need Help with Your Workers’ Compensation Claim?
Don’t face this process alone. Contact Krasno Krasno & Onwudinjo today for a free consultation, and let our experienced team guide you through every step to secure the full compensation you deserve.
FAQ
What types of workers’ compensation benefits are available in Pennsylvania?
In Pennsylvania, workers can get medical care, money for lost wages, and benefits for permanent injuries. These include things like losing a limb or eyesight.
Who is eligible for workers’ compensation coverage in Pennsylvania?
Most employees in Pennsylvania get workers’ compensation. This includes workers from small and big companies. But, some like independent contractors and volunteers don’t qualify.
What are the time limits for filing a workers’ compensation claim in Pennsylvania?
In Pennsylvania, you have 120 days to tell your employer about a work injury. You also have 3 years to file a claim after the injury or the last payment.
How do I choose a healthcare provider for my work-related injury in Pennsylvania?
For the first 90 days, your employer picks the doctor. After that, you can choose your own doctor for ongoing care.
How are wage loss benefits calculated in a Pennsylvania workers’ compensation case?
Wage loss benefits are based on your average weekly wage before the injury. You get two-thirds of that, but it’s capped.
What are some common reasons for workers’ compensation claim denials in Pennsylvania?
Claims are often denied if the injury isn’t work-related or if it’s not reported on time. Disputes over injury severity also cause denials.
What is the appeal process for a denied workers’ compensation claim in Pennsylvania?
If your claim is denied, you can appeal to the Workers’ Compensation Appeal Board. You’ll have a hearing to present your case and evidence.